ENUGU, Nigeria (VOICE OF NAIJA)- The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, has described the call to industrial action by organized labour as “premature, ineffectual, and illegal.”
Fagbemi’s rebuke follows the Nigerian Labour Congress (NLC) and Trade Union Congress (TUC) announcement on May 31, 2024, declaring an indefinite nationwide strike starting June 3, 2024, Punch reports.
In a letter dated June 1 addressed to the TUC and NLC leadership, Fagbemi highlighted the premature nature of the strike declaration, emphasizing that negotiations between the Federal Government of Nigeria and other stakeholders on determining a new national minimum wage had not concluded.
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He stressed the necessity of considering the interests and capacities of all employers, including the organized private sector, to set a minimum wage that benefits the entire working population.
Fagbemi cited Sections 41(1) and 42(1) of the Trade Disputes Act 2004 (as amended), which require the NLC and TUC to issue mandatory strike notices of at least 15 days.
He argued that the labour unions’ failure to comply with these provisions renders their strike action illegitimate and unlawful.
Further questioning the legality of the proposed strike, Fagbemi pointed out that the labour unions had not initiated trade disputes with their employers or issued any strike notices as required by law.
He emphasized the seriousness of non-compliance with the mandatory 15-day notice, highlighting its criminalisation under Sections 41 and 42(1) of the Trade Disputes Act.
“I wish to further draw your attention to the fact that the conditions outlined by our national legislation for exercising the right to strike are in tandem with the International Labour Organization principles concerning the right to strike.
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“It is the position of the ILO Committee on Freedom of Association that the obligation to give prior notice, obligation to have recourse to conciliation, mediation and (voluntary) arbitration procedures in industrial disputes, etc., are prior prerequisites for declaring a strike”, Fagbemi said.
Regarding the alleged ultimatum issued to the government by labour for the conclusion of negotiations, Fagbemi asserted that it did not meet the requirement of issuing a formal notice of strike action.
Additionally, he reminded organized labour of the interim injunctive order granted on June 5, 2023, which restrained both the NLC and TUC from embarking on any industrial action or strike, emphasizing that the order remains binding until overturned.
In light of these legal considerations, Fagbemi urged organized labour to reconsider their stance and return to negotiation tables, emphasizing the importance of pursuing their cause within the bounds of the law.